Indemnification

Buyer shall indemnify and hold harmless the Seller from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from Buyer’s failure to comply with the applicable laws and regulations referred to under Section 13 above regardless of whether or not such claim, damage, loss or expense is caused in part by negligence or other act of the Buyer. Buyer will also indemnify Seller as aforesaid as to any such claim, damage, loss or expense arising out of or resulting from the design, construction, formulation or composition of any product made or handled by the Equipment in the hands of the Buyer.

Buyer is aware that it has the sole responsibility for properly installing the Equipment, for instructing its employees in the proper use of the Equipment according to the manuals supplied by Seller and other component part manufacturers, distributors, or retailers, for ensuring that all safety devices are operable at all times the Equipment is in use, for ensuring that Buyer's employees and visitors wear proper personal protective equipment, and for ensuring the safety of Buyer's employees and visitors while the Equipment is in use. In the event that any other person, firm or corporation makes a claim against Seller or its parents, subsidiaries, affiliates, agents, servants, employees, attorneys, directors, or insurance carriers (hereinafter "related entities"), for injuries or damages suffered by that person, firm, or corporation caused in whole or in part by the negligence of, failure to maintain by, or modification by the Buyer, Buyer hereby agrees to indemnify and hold harmless Seller and its related entities from any and all claims, demands, actions, causes of action of whatever kind or nature, to include the reimbursement of reasonable attorneys' fee in defending against such claims. This indemnification agreement is contractual and is made part and parcel of the Terms and Conditions.